🛡⚔️⚖️🗽 ROUND TABLE ASSISTS FIGHT AGAINST “AMERICA’S STAR CHAMBERS” — Here’s Our Amicus Brief In Las Americas v. Trump! — With Thanks To Our Pro Bono Friends STOLL STOLL BERNE LOKTING & SHLACHTER P.C. in Portland, OR!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

Excerpt:

The immigration court system lacks independence. An agency within the Department of Justice, the Executive Office for Immigration Review (EOIR) houses the immigration court system, which consists of trial-level immigration courts and a single appellate tribunal known as the Board of Immigration Appeals (BIA). Immigration judges, including appellate immigration judges, are viewed by EOIR “management” not as judges, but as Department of Justice attorneys who serve at the pleasure and direction of the Nation’s prosecutor-in-chief, the Attorney General.

As former immigration judges, we offer the Court our experience and urge that corrective action is necessary to ensure that immigration judges are permitted to function as impartial adjudicators, as required under the Immigration and Nationality Act. The INA and its implementing regulations set forth procedures for the “timely, impartial, and consistent” resolution of immigration proceedings. See 8 U.S.C. §§ 1103, 1230; 8 C.F.R. § 1003.1(d)(1) (charging the Board with appellate review authority to “resolve the questions before it in a manner that is timely, impartial, and consistent with the [INA] and regulations”) (emphasis added); 8 C.F.R. § 1003.10(b) (similarly requiring “immigration judges . . . to resolve the questions before them in a timely and impartial manner”) (emphasis added).

Although housed inside an enforcement agency and led by the Nation’s chief prosecutor, immigration judges must act neutrally to protect and adjudicate the important rights at stake in immigration cases and check executive overreach in the enforcement of federal immigration law. Applying a detached and learned interpretation of those laws, judges must correct overzealous bureaucrats and policy makers when they overstep the bounds of reasonable interpretation and the requirements of due process.

Here’s the full brief:

Las Americas Amicus (full case)

************************

As I often say, it’s an honor to be a part of this group with so many of my wonderful colleagues. It’s also an honor to be able to assist so many wonderful “divisions and brigades” of the New Due Process Army, like the SPLC and Immigration Law Lab.

Here’s another thought I often express: What if all of this talent, creativity, teamwork, expertise, and energy were devoted to fixing our broken Immigration Court System rather than constantly fighting to end gross abuses that should not be happening? There is a “systemic cost” to “maliciously incompetent” administration and the White Nationalist agenda promoted by the Trump kakistocracy!

Knightess
Knightess of the Round Table

Due Process Forever!

PWS

08-04-20

“More Dangerous Than Weed.” — Gonzo Apocalypto Gets A Warm “Welcome” To Portland, OR!

https://www.washingtonpost.com/news/post-nation/wp/2017/09/23/attorney-general-jeff-sessions-visited-portland-of-course-there-was-a-protest/

Leah Sottile reports for the Washington Post:

“Portland is a sanctuary city in a sanctuary state — a place where officials have scoffed at threats from the Trump administration, where court employees have shuffled illegal immigrants out through employee entrances when Immigration and Customs Enforcement personnel conducted raids, and where local law enforcement officials have argued that enforcing federal immigration policies is not their job.

Sessions’s appearance here Tuesday was brief. He spoke to a group of federal employees — ICE, FBI, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, Firearms and Explosives — for 18 minutes in the “oath room” of a Pearl District building, the place where people recite the Oath of Allegiance before they are granted U.S. citizenship. Sessions railed against sanctuary cities, places he called a “trafficker’s, a smuggler’s or gang member’s best friend.”

Attorney General Jeff Sessions speaks to federal employees in Portland, Ore., on Tuesday. (Stephanie Yao Long/The Oregonian via AP)
But outside, the protest against Sessions lasted for hours. A group of a dozen protesters leaned on a metal barricade just before 11 a.m. — hours before Sessions even touched down in Portland. And they were ready.

 

Juan Rogel, 26, is a leader of Milenio.org, a group that helps engage Latinos in political action and was one of several groups that organized protesters Tuesday.

“We want to send a clear message that he is not allowed to come here,” Rogel said of Sessions. “We’re pissed off.”

Rogel said it’s essential for Latinos to organize and for Sessions to see, if only for a moment, that people here aren’t welcoming of him.

“My dad used to say, ‘If you knock on the door for opportunity and they don’t open it, you have to break it down,’ ” Rogel said. “We haven’t been heard. We are young people working on a legacy for tomorrow.”

**********************************************

Read the complete article at the link.

No, Gonzo, “sanctuary cities” are not a “smuggler’s best friends.” Look in the mirror:  you, Gonzo, are the smugglers’ and gangsters’ “best friend” with your xenophobic policies intended to drive a wedge between the Hispanic communities across the nation and law enforcement and to heap shame and blame on law-abiding residents who are just trying to make a living helping America out.

I can guarantee that smuggling and gang violence won’t be solved by a bunch of White Nationalists sitting at the DOJ thinking about the next attack they can make on Hispanic America. There is no “silver bullet” solution to deep-seated problems. But, whatever the solution might be, it’s going to take some reflection and lots of help, trust, assistance, and sharing of information with the Hispanic community which would like to get rid of gangs as much as you would (because they are much more likely to be victims than you and your white buddies are) and whose undocumented members (usually intermingled with family or neighbors in legal status) would vastly prefer being allowed to come to the United States through legal channels rather than paying smugglers.

Almost forty years ago when I was counsel to the “Legacy INS” Enforcement, among other things, one of the few effective tools we had for breaking up smuggling rings involved fairly sophisticated undercover operations. These, in turn, almost always involved agents, local law enforcement, or informants from ethnic communities.

Why would anyone from the Hispanic community want to risk his or her life to help someone like Gonzo, who disses them, denies their achievements, and intentionally minimizes their monumental contributions to America’s success and prosperity at every turn?

PWS

09-25-17